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  • Extended Health Care

    My daughter lives with me, she is 15. Her mom has written a letter through her lawyer that she is not seeking custody of her and she is free to choose where she wants to live.

    I have been asking my ex for over 2 years now to allow my daughter to use her extended health plan. She gets a decent plan. She gets reimbursed 100% by the insurance company. Her mother refuses to allow her to use the plan, and says since she is living with you, it becomes my responsibility. I do not have any coverage. Does she have an obligation towards her daughter to offer this to her?

    I have been asking this for over 2 years, with many e-mails, which she just ignores. Can I put forward a motion in this regard?

    thanks

  • #2
    Originally posted by advice needed View Post
    My daughter lives with me, she is 15. Her mom has written a letter through her lawyer that she is not seeking custody of her and she is free to choose where she wants to live.

    I have been asking my ex for over 2 years now to allow my daughter to use her extended health plan. She gets a decent plan. She gets reimbursed 100% by the insurance company. Her mother refuses to allow her to use the plan, and says since she is living with you, it becomes my responsibility. I do not have any coverage. Does she have an obligation towards her daughter to offer this to her?

    I have been asking this for over 2 years, with many e-mails, which she just ignores. Can I put forward a motion in this regard?

    thanks
    Medical expenses would be considered an S7 expense.

    She would be responsible for the proportionate cost of any medical expenses.

    Now saying that if she has to pay for her to be on her benefits, you would be responsible for your proportionate costs of getting her coverage.

    I judge would probably most certainly order her to put her on her benefits. The cost "may" then be proportionately subtracted from her Child support.

    Comment


    • #3
      Originally posted by FB_ View Post
      Medical expenses would be considered an S7 expense.

      She would be responsible for the proportionate cost of any medical expenses.

      Now saying that if she has to pay for her to be on her benefits, you would be responsible for your proportionate costs of getting her coverage.

      I judge would probably most certainly order her to put her on her benefits. The cost "may" then be proportionately subtracted from her Child support.
      I'm pretty sure that you are responsible for a proportionate share AFTER any health coverage. It's completely irresponsible of her to deny her daughter coverage on her plan - especially if family coverage does not cost her any extra. I'd send her an offer to pay a portion of any extra cost of family coverage and ask her to start covering your daughter. If she refuses, then yes, file a motion. She's being stupid and the judge will tell her so.

      Comment


      • #4
        Yes I think the only way will be through a motion. Its been 2 yrs now. I have sent her Dr. recommendations/prescriptions for medical needs, she has ignored them.
        I am totally willing to pay my share if she pays for coverage. From what i know as i know other people in her office, they dont pay. The company pays their part.

        Thanks.

        Comment


        • #5
          Originally posted by advice needed View Post
          Yes I think the only way will be through a motion. Its been 2 yrs now. I have sent her Dr. recommendations/prescriptions for medical needs, she has ignored them.
          I am totally willing to pay my share if she pays for coverage. From what i know as i know other people in her office, they dont pay. The company pays their part.

          Thanks.
          Does she pay the proportionate cost of the medical expenses currently?

          File a motion and send her an offer to settle.

          In the offer specify if there is a cost to putting her on the benefits you will pay your proportionate costs of the benefits.

          Also detail in the offer payment terms.

          For example, some benefits require you to pay up front. If that's the case specify that you will pay up front and provide her with the receipt. Once you provide her the receipt she is to provide payment with XX days to you via what method.

          btw my court order specifies that she is to maintain the kids on any benefits she has available to her. It's a family plan so she is responsible for those costs as they don't change by adding dependents.

          Comment


          • #6
            Thanks FB

            Yes most benefits ask for money upfront, and I have paid and sent her the invoice ,never getting any money back. Your idea of stipulating the XX of days is a great idea,
            Also do you know if she has a right to take me off the benefits, she has taken me off completly. i am totally willing to pay my share for me and the kids.

            i am almost 100% sure she doesnt pay for anything from her pocket, as i know people personally from her office,

            Comment


            • #7
              Originally posted by advice needed View Post
              Thanks FB

              Yes most benefits ask for money upfront, and I have paid and sent her the invoice ,never getting any money back. Your idea of stipulating the XX of days is a great idea,
              Also do you know if she has a right to take me off the benefits, she has taken me off completly. i am totally willing to pay my share for me and the kids.

              i am almost 100% sure she doesnt pay for anything from her pocket, as i know people personally from her office,
              She can and should take you off her benefits. Insurance companies won't pay for former spouses.

              Comment


              • #8
                Originally posted by advice needed View Post
                Thanks FB

                Yes most benefits ask for money upfront, and I have paid and sent her the invoice ,never getting any money back. Your idea of stipulating the XX of days is a great idea,
                Also do you know if she has a right to take me off the benefits, she has taken me off completly. i am totally willing to pay my share for me and the kids.

                i am almost 100% sure she doesnt pay for anything from her pocket, as i know people personally from her office,
                Do you have and agreement or order already in place?

                What does it say about Child Support and S7 expenses?

                She is responsible for her share of medical expenses. This is not covered under child support. Is she paying you child support?

                In your motion also add S7 expenses including those in arrears. Do you still have all the receipts.

                EDIT: Yes she has every right to remove you from her benefits.

                Comment


                • #9
                  thanks guys,, i now have a clear picture, thanks.

                  I dont have any agreement in place. I had not submitted my financials,, i will be filing my financials next week. I will be asking for arrears in c/s. Is that doable.

                  Comment


                  • #10
                    Your ex is a BEEP - not wanting to support her child with a free benefit she gets - a whole new meaning to dead beat parent. I would take her to court so the judge spanks her for being an idiot.

                    Comment


                    • #11
                      Originally posted by HappyMomma View Post
                      She can and should take you off her benefits. Insurance companies won't pay for former spouses.
                      My company's policy, and I'm sure there are many similar companies, is that until there is a divorce decree, then they will provide benefits to a separated STBX.

                      Comment


                      • #12
                        Originally posted by advice needed View Post
                        ... Its been 2 yrs now. I have sent her Dr. recommendations/prescriptions for medical needs, she has ignored them.
                        I am totally willing to pay my share if she pays for coverage. From what i know as i know other people in her office, they dont pay. The company pays their part.
                        Has your ex ever had your child covered prior? Did she remove your child?
                        Or has she never had your child covered under her plan, and refuses to utilize her cheaper benefit, to cover your shared child?

                        Section 7, all the way.

                        If you have no means, to have coverage for your child yourself, and the ex's current employer has relatively cheap coverage, a judge would very likely order her to add the child to be added to her coverage.

                        I hope you kept your own copies of said receipts.

                        Perhaps convince her, that the cost of having your shared child covered under her benefits, will be cheaper than her paying her proportionate cost of medical/drug expenses, and all that comes with that.

                        It's usually in the child's best interests to have medical insurance coverage, rather than not.

                        Comment


                        • #13
                          My husband covered his ex for about 10 years. They were separated, but not divorced. When the company he worked for shut down, he informed her that he would no longer have coverage for her. I was already covering him and his daughter on my plan. I have since gone from full-time to part-time and lost my benefits, but we have paid all medical and dental for his daughter.

                          This is what good parents do for their kids.

                          Comment


                          • #14
                            @ Links,,,,everyone looking from the outside thinks the same like you do, including me, which parent would not offer health benefits to their child especially when its Free, however not the court currently that I am dealing with. I literally get 2 minutes to talk and the other party gets 20 minutes, OCL gets 1/2 an hour and when I want to respond Im told that they have heard enough. I have brought it to their attention, guess what,, absolutely nothing.

                            Comment


                            • #15
                              Maybe your court appearance is lacking? A lawyer perhaps?

                              The non-custodial parent refusing to cover their children under their health benefits?

                              If this was a gender role reversal we wouldnt be here I think (considering you are accurate).

                              Comment

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